No. 15 Original, Brief for the United States, 1929

Brief for the U.S., 1929, p. 008

( Article A-Aicle AAicle ) 5 of the Treaty 8 of 1848 recognizes the ( navigability -navigability navigability ) of the Colorado River below its ( eon- eon ) , fluence with the Gila River . This article was modified by Article 4 of the Treaty of ( 1853 18-03 ) , but the article as ( modified inodified ) in no way contributes to the solution of the problem of navigation above the Gila River . IV ON ( THE ME ) QUESTION OF NAVIGABILITY , THE FEDERAL LAW IS CONTROLLING The question of navigability of the rivers ( must inust ) be ( determined deterniined ) in this case under the Federal rule , as announced by the ( Supreme Suprelue ) Court of the United States . It is quite apparent that the application of any other rule would result in a lack of ( uniformity unifori-nity uniforinity ) of construction . In United States ( v -v v ) . Holt State Bank 270 ( II U ) . S . 49 , at pages 55 and 56 , it was said : Both courts below found that the lake was navigable . ( But Biit ) they treated the question of navigability as one of local law to be ( deter deter- deter ) ¬ mined by applying the rule adopted in ( Min Alin- Alin ) nesota . ( "We We We ) think they applied a wrong standard . Navigability , ( when wheii ) asserted as the basis of aTightarisingunder the ( Consti Consti- Consti ) tution of the United States , is necessarily a question of federal law to be determined ( ac- ac ) cording to the general rule recognized and applied in the federal courts . ( Brewer- Brewer ) Elliott Oil & ( Gas Gcts ) Co . v . United States , supra , p . 87 . To treat the question as turning on